You might have heard about civil asset forfeiture, a controversial practice where law enforcement can seize your property – including cash – without needing to prove you’ve committed a crime. This can happen without a warrant and even if you aren’t arrested, based on mere suspicion that the property is connected to illegal activity. Now, this practice has extended into the digital age with devices that can scan and seize funds from prepaid cards. The question many are asking is: Can Police Scan Car For Currency? While they aren’t literally scanning your vehicle for physical cash, new technologies allow them to scan for digital currency during traffic stops.
In Oklahoma, the Highway Patrol is utilizing a technology called ERAD, or Electronic Recovery and Access to Data machine. They’ve deployed 16 of these devices, enabling troopers to scan prepaid cards if they suspect the cardholder may be involved in criminal activity. According to the Oklahoma Highway Patrol, these scans are not conducted during every traffic stop. They emphasize that troopers only use ERAD when there is “probable cause” to suspect a crime.
Lieutenant John Vincent of the Oklahoma Highway Patrol explained, “We’re gonna look for different factors in the way that you’re acting. We’re gonna look for if there’s a difference in your story. If there’s someway that we can prove that you’re falsifying information to us about your business.” This suggests that officers are using behavioral cues and inconsistencies in stories to justify the use of ERAD scans during traffic stops.
While law enforcement frames ERAD as a tool to combat broader issues like identity theft, stating, “The largest part that we have found … the biggest benefit has been the identity theft,” the immediate impact is the potential seizure of funds. Troopers claim that if you can prove the money is legitimate, it will be returned. However, the very act of seizing funds based on suspicion raises significant concerns about due process.
State Senator Kyle Loveless from Oklahoma City is a vocal critic of these practices. He argues that using ERAD in this way undermines the principle of “innocent until proven guilty” and circumvents due process. “We’ve seen single mom’s stuff be taken, a cancer survivor his drugs taken, we saw a Christian band being taken. We’ve seen innocent people’s stuff being taken,” Loveless stated, highlighting cases where civil asset forfeiture has negatively impacted innocent individuals. He plans to introduce legislation to require a criminal conviction before assets can be seized. Senator Loveless emphasizes a constitutional perspective, stating, “If I had to err on the side of one side versus the other, I would err on the side of the Constitution.”
The financial aspect of ERAD deployment is also noteworthy. Documents reveal that the state of Oklahoma paid ERAD Group Inc. $5,000 for the software and scanners. Additionally, the company receives 7.7 percent of all cash forfeited through court proceedings to the highway patrol. This financial incentive for seizures further fuels concerns about potential abuse and overreach.
In conclusion, while police cannot technically scan your car for physical currency, the use of ERAD technology allows them to scan prepaid cards for digital currency during traffic stops based on suspicion. This practice raises significant questions about civil liberties, due process, and the potential for abuse under civil asset forfeiture laws. The debate continues as lawmakers and citizens grapple with balancing law enforcement needs and individual rights in the digital age.
